Green Step Cities Program, March 1, 2012CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 960-7900
FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityha11@ci.shorewood.mn.us
MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM: Brad Nielsen
DATE: 1 March 2012
RE: Sustainability — Landscape Regulations
FILE NO. GreenStep Cities Program
The Planning Commission's work plan for 2012 includes three items listed as Best Practices
in the Minnesota GreenSteps Cities Program:
• Adopt a policy of no net loss for specified natural landscapes
• Adopt landscaping/nuisance ordinances that promote, rather than create barriers for,
native vegetation
• Low maintenance turf management/native landscaping
To assist cities in enacting Best Practices, GreenSteps has provided various resources and
links to what other cities have done. Exhibit A, attached, provides a model
landscaping/maintenance ordinance. Frankly, the model is a bit disappointing. There are,
however, some suggestions that we may wish to incorporate into our Code.
As we explored what other cities have done relative to "no net loss of natural landscapes", we
found that most have adopted wetland ordinances and/or tree preservation ordinances. In this
regard Shorewood has been ahead of the game for quite some time. Not only did we adopt
rules in the early 70's setting wetlands aside, our current rules also provide buffers and
setbacks from those wetlands. Shorewood has also been enforcing tree preservation and
reforestation for many years. One thing we may wish to discuss is some clarification of what
is and isn't allowed in wetland buffer areas. Exhibit B is a resident handout used by the City
of Maplewood. There may be some useful material that we can incorporate into our resident
information and ordinances.
Our current nuisance regulations relative to vegetation have to do primarily with noxious
weeds as regulated by the State (see Exhibit Q. There are also provisions in the current
�s
�-«� PRINTED ON RECYCLED PAPER
Memorandum
Re: Landscape Regulations
1 March 2012
Code that address diseased trees. With the pending emerald ash borer threat, these rules will
be updated as part of an overall diseased tree program.
One of the things Shorewood does not have, and never has had, is a grass length ordinance.
This type of ordinance can often serve as a barrier to natural landscapes (e.g. prairie). For the
most part, neighborhood standards have kept this from being a problem. On the occasions
where we have had complaints about overgrown grass, the noxious weed regulations have
served to resolve the problem (any good weed inspector who can't find a thistle or flowering
spurge in someone's grass, just isn't looking hard enough!). Nevertheless, we have provided
a copy of the Edina City Code as it relates to maintenance of vegetation (Exhibit D).
The low maintenance turf management/native landscaping topic has to do with park
management and may logically be the Park Commission's jurisdiction. The Planning
Commission may wish to research this topic and route information to the Park Commission.
For Tuesday night's meeting there are several policy questions that can be addressed. We
have broken them down into residential and nonresidential categories:
Residential
1. Does anything need to be done about unwanted vegetation (e.g., noxious weeds, grass
length, etc.)?
2. Importance of maintaining choice (some people very much like turf grass).
3. Ways to educate public, encourage use of native/natural landscaping.
Nonresidential
1. Professional design (already required).
2. Maintenance requirements (e.g. irrigation).
3. Importance of maintaining choice (some business owners may prefer a formal landscape
as opposed to a natural landscape).
4. Ways to encourage, provide incentives, for native/natural landscaping.
Finally, if he is willing, staff asks Commissioner Hasek to talk briefly about the difference
between "native" and "natural" plants/landscaping.
Cc: Brian Heck
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Resident's Guide to Maplewood's Wetland Ordinance
What Property Owners Living Adjacent to Wetlands Should Know
Maplewood's wetland ordinance
Wetlands serve beneficial environmental and economic functions. They maintain water quality by filtering pollutants
and reducing flooding and erosion, provide food and habitat for wildlife, provide open space for human interaction,
and are an integral part of the city's environment. Activity surrounding wetlands may degrade, pollute, or accelerate
the aging of wetlands. To protect this valuable resource, Maplewood updated its wetland ordinance on
December 14, 2009. The purpose of the wetland ordinance is to protect wetlands and streams from degradation,
pollution, and the acceleration of aging by regulating land use around wetlands and streams. The information below
summarizes the parts of the wetland ordinance that are particularly applicable to homeowners.
What is a wetland buffer?
The buffer zone is the strip of vegetation located between developed land and a lake, stream, or wetland. A good
buffer protects the water or wetland, adds beauty, and provides habitat for wildlife. The best buffers have a diverse
mix of native or naturalized vegetation. This protects the wetland by stabilizing the shoreline, slowing and filtering
runoff, and providing habitat needed for biological processes and plant and animal life.
Wetland classification and buffer width requirements
Each wetland in Maplewood has been classified based on its quality. Manage A wetlands are exceptional quality,
Manage B are high -quality and Manage C wetlands provide moderate quality. Stormwater or utility ponds are ponds
created to capture stormwater runoff. Maplewood's wetland ordinance adopts wetland classifications assigned by
our watershed districts. A map showing the classification for each Maplewood wetland can be found on the city
website at www.ci.maplewood.mn.us\wetlands. If you do not have web access, or if you have questions about the
classifications, contact Maplewood's Community Development and Parks Department at 651-249-2300.
The ordinance assigns minimum buffer widths based on wetland classification:
Wetland Buffer width for wetlands
Classification Standard buffer width adiacent to lakes
Manage A 100, 75'
Manage B 75' 50,
Manage C 50' 50'
How do I measure the buffer? The buffer width is measured from the wetland edge. For existing residential
properties, you can use the high water mark as the wetland edge. Some wetlands dry up during summer so the
water's edge is not the wetland edge. In new development the wetland edge will usually need to be delineated by a
professional wetland delineator.
5/3/10 Exhibit B
What kinds of activities are permitted or restricted?
The ordinance tries to balance the protection of wetlands with the right of private land owners to use their land. The
city's goal is to ensure that the quality of buffers and wetlands improves over time, rather than deteriorates. At a
minimum, the city does not want to lose any buffers that are currently in native or naturalized vegetation. Thus,
buffers with native or naturalized vegetation have restrictions and cannot be changed to lawn or to play areas. The
ordinance allows for existing lawn and yards to be used to their full potential as lawns and yards. Residents that are
currently mowing lawn to the water's edge may continue to do so; they are encouraged to restore a strip of non -
mowed vegetation at the water's edge, but they are not required to do so. For details on what activities are
permitted in a wetland or buffer, see the appropriate list below.
Do I need approval or a permit to change the landscape in the buffer?
Some management activities can inadvertently result in damage to a wetland (ex: erosion, herbicide drift). The
ordinance permits some activities that are small scale and unlikely to lead to harm. But a Resident Wetland Buffer
Management Worksheet and staff approval is required for many activities in buffers that have native or naturalized
vegetation. The worksheet is intended to help residents understand the potential for damage and make sure the
plans for their project have minimized that risk.
WHAT CAN YOU DO IN THE BUFFER?
FOR AREAS THAT WERE LAWN OR YARD ON DECEMBER 14, 2009
(See next page for naturalized and native areas)
IF BUFFER AREA IS CURRENTLY LAWN OR YARD
The wetland ordinance restricts alteration of the
wetland itself. It does not restrict alteration of buffer
areas that were maintained as lawn or yard prior to
the adoptions of the updated ordinance (December
14, 2009).
Homeowners may continue to have these areas in
lawn or yard and may make improvements and
changes to these areas that are consistent with yard
use. For example, a swing set or vegetable garden
could be added to an area that is currently lawn,
shrubs may be removed, a butterfly garden could be
taken out and planted as lawn.
The wetland ordinance does not require that you get
permission for altering areas of your buffer that are in
lawn or yard. However, other city ordinances and
permits may apply for activities such as grading and
building walls. Projects that have potential for
erosion or will have large areas of bare soil for more
than a few days should provide erosion control.
5/3/10
If a homeowner would like to restore the buffer to
native vegetation they may do so. No permission is
needed to restore areas that are currently lawn or yard.
You do not have to fill out the Wetland Buffer
Management Worksheet.
WHAT CAN YOU DO IN THE BUFFER?
FOR AREAS THAT HAVE NATIVE OR NATURALIZED VEGETATION
The wetland ordinance restricts activities in putter areas mat are in native or naturalizea vegetation.
Activities permitted in naturalized or native buffer Restricted activities — submit a Residential Wetland
Buffer Management Worksheet
The following activities are permitted in naturalized or
native buffers and do not require staff approval:
1. Maintaining pre-existing, nonconforming lawn area.
2. Removing trees or vegetation that are dead, dying,
diseased, noxious, or hazardous. However, this must
be done in a manner that does not compact or disturb
soil through vehicle or equipment use.
3. Removing noxious weeds. If chemical treatment is
used, it must be done in a way that does not harm
other plants and does not introduce chemicals into
the wetland or stream.
4. Removing non-native shrubs, such as buckthorn, if:
• there is little chance of erosion; and
• the site is flat or has slopes less than 6 percent
grade; and
• cut and treat method of removal is used on shrubs
more than one-half (%) inches in diameter (not
pulling).
5. Selective* management of vegetation as follows:
• Selective pruning of trees or shrubs in order to
enhance their health.
• Selective removal of tree saplings (less than 2
inches in diameter) in order to enhance wildlife
value of the buffer.
• Selective removal of non-native trees.
• Selective removal of non-native weeds.
6. Installing temporary fencing without footings.
7. Projects within the buffer that are the subject of a
wetland buffer management worksheet approved by
the administrator.
The following activities, or others not listed to the left,
require a Resident Wetland Buffer Management
Worksheet with staff approval. Many of these activities
will be approved if done in conjunction with restoration
or management that leads to enhancement of the buffer
and/or wetland health and function.
1. Restoring buffer to native plants.
2. Removing trees, shrubs and herbaceous vegetation,
except as indicated in adjacent column.
3. Planting or seeding native vegetation, except
selective as indicated in adjacent column.
4. Killing existing vegetation.
5. Installing stonework or retaining walls.
6. Using motorized vehicles and heavy equipment.
7. Grading or filling.
8. Installing a trail.
9. Installing boardwalk or dock.
10. Mowing.
Native vegetation includes plant species that are indigenous to Minnesota and would have existed here prior to
European settlement.
Naturalized vegetation includes plant species that exist on a site without having been planted. They may be native
or non-native.
Noxious weeds means plants listed as prohibited noxious weeds in the Minnesota Noxious Weed Law (ex: Canada
thistle, sow thistle).
*Selective means management that affects only a few plants or a small area of the buffer.
5/3/10 3
How do I know if a plant is native? A list of Minnesota native plants is maintained by the University of Minnesota
Herbarium and can be accessed at: www.bellmuseum.org/plants/mn_flora.html (click on state checklist). The list
includes both native and non-native plants. For property owners intending to plant native plants, it is easier to use
native plant lists from Minnesota nurseries that specialize in native plants (for example: Prairie Restorations, Inc.,
Landscape Alternatives, or Prairie Moon Nursery.)
5/3/10
501.04 Nuisances 501.04
Subd. 6. Privy vaults, garbage (except in authorized containers), garbage cans which are not fly -
tight, ashes, yard cleanings, or any other foul or unhealthy material. Composting of
leaves, grass clippings, and easily biodegradable, nonpoisonous garbage may be permitted,
however, as provided in § 503.02, Subd. 3 of this code.
Subd. 7. The pollution of any public well or cistern, stream, lake, canal or body of water by
sewage, creamery or industrial wastes or other substances.
Subd. 8. All noxious weeds as referenced in M.S. §§ 18.75 - 18.88 and promulgated in Minnesota
Rules, as may be amended from time to time, located on public or private property. The
term weeds does not include shrubs, trees, cultivated plants or crops. The terms ",xiEEDO
and RANK VEGETATION includes, but is not limited to, the following:
a. Noxious weeds and rank vegetation shall include but not be limited to: alum (allium),
Buckthorn, Bur Cucumber, Canada Thistle, Corncockle, Cressleaf Groundsel, Curly Dock,
Dodder, Field Bindweed, French Weed, Hairy Whitetop, Hedge Bindweed, Hoary Cress,
Horsenettle, Johnsongrass, Leafy Spurge, Mile -A -Minute Weed, Musk Thistle, Oxeye
Daisy, Perennial Sowthistle, Poison Hemlock, Purple Loosestrife, Quackgrass, Russian
Knapweed, Russian Thistle, Serrated Tussock, Shatter Cane, Sorghum, Wild Carrot, Wild
Garlic, Wild Mustard, Wild Onion, Wild Parsnip;
b. Grapevines when growing in groups of 100 or more and not pruned, sprayed, cultivated,
or otherwise maintained for two consecutive years;
c. Bushes of the species of tall, common, or European barberry, further known as Berberis
vulgaris or its horticultural varieties;
d. Any weeds or plants, other than trees, bushes, flowers, or other ornamental plants,
growing to a height exceeding 12 inches.
e. Rank vegetation includes the uncontrolled, uncultivated growth of annuals and perennial
plants.
f. The term WEEDS does not include shrubs, trees, cultivated plants or crops.
Subd. 9. All public exposure of persons having a contagious disease.
Subd. 10. The emission of dense smoke, gas and soot, dust or cinders, and other noxious and
offensive fumes, in the quantities as to render the occupancy of property uncomfortable to
a person of ordinary sensibilities.
Subd. 11. Feces left by any domestic pet on public property or the property of another. The owner
or person having the custody or control of the animal shall be responsible for immediately
cleaning up any feces of the animal and disposing of the feces in a sanitary manner.
501-3 Exhibit C
City of Edina - City Code Page I of 4
CITY CODE
Section 1050 - Maintenance of Vegetation
1050.01 Purpose.
It is the purpose of this Section to prohibit the uncontrolled growth of
vegetation, while permitting the planting and maintenance of landscaping or
garden treatments which add diversity and a richness to the quality of life.
There are reasonable expectations regarding the proper maintenance of
vegetation on any lot or parcel of land. It is in the public's interests to provide
standards regarding the maintenance of vegetation because vegetation which is
not maintained may threaten public health, safety and order, and may
decrease adjacent property values. It is also in the public's interests to
encourage diverse landscaping and garden treatments, particularly those which
restore native vegetation which requires less moisture and place a lower
demand on the public's water resources. The City enacts this Section to balance
these competing interests.
1050.02 Definitions. Unless the context clearly indicates otherwise, the
following terms shall have the stated meanings.
Native Grasses and Forbs.
Grasses, including prairie grasses and flowering
broad- leaf plants which are indigenous to the
State.
Natural Area.
Any wetland or floodplain designated by Section
850 of this Code, or any area of mature woodland,
prairie and meadow vegetation native to the State.
Ornamental Grasses and Groundcovers.
Grasses and groundcovers not indigenous to the
State. Ornamental grasses and groundcovers do
not include turf grasses.
Planned Landscape Area.
An area where ornamental grasses and
groundcovers or native grasses and forbs are
planted pursuant to a plan.
Restoration Area.
An area where native grasses and forbs are being
or have been intentionally re-established.
Turf Grasses.
Grasses commonly used in lawn areas, including
any blue grass, fescue or rye grass blends or any
other similar grasses.
Weed. (i) Any plant which is identified by the
State Commissioner of Agriculture as a noxious
weed or secondary noxious weed pursuant to M.S.
18.171, Subd. 5, or (ii) any volunteer plant,
except trees and other woody vegetation, which is
not customarily or intentionally planted.
1050.03 Where Planted.
Subd. 1 Ornamental Grasses and
Groundcovers. Ornamental grasses and
Exhibit D
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groundcovers shall be planted only in a planned
landscape area.
Subd. 2 Native Grasses and Forbs. Native
grasses and forbs shall be planted only in a
planned landscape area or a restoration area.
1050.04 Location of Restoration Areas and Planned Landscape Areas.
Subd. 1 Setback. A restoration area or a planned
landscape area must provide the following
minimum setbacks:
Front Street or Side
Street (as measured from 20 feet
the traveled portion of
the street)
Side Yard or Rear Yard 5 feet
Provided, however, that a required side yard or
rear yard setback may be reduced to 0 feet if:
A. A fully opaque
fence at least five feet
in height is installed
on the lot line
adjoining the
restoration area or
planned landscape
area, or
B. The restoration
area or planned
landscape area abuts
(i) a restoration area
on any adjoining lot,
(ii) a public park or
open space, (iii) a
vacant lot, (iv) a
wetland, pond, lake
or stream, (v) or
natural area, or
C. The restoration
area or planned
landscape area is
located on slopes
equal to or greater
than three feet
horizontal to one foot
vertical (3:1).
Subd. 2 Composition of Setback Area. The
setback area required by Subd. 1 of this
Subsection shall be composed of pavement, rock,
gravel, wood chips, regularly mowed turf grasses,
trees or shrubs.
1050.05 Maintenance Standards.
Every owner of property shall maintain the vegetation growing thereon
according to the following minimum standards:
Subd. 1 Turf Grasses. Turf grasses shall be
regularly cut such that no individual plant shall
exceed, at any time, ten inches in height or length
as measured from its base at the ground to the tip
of each stalk, stem or blade. Provided, however,
that turf grasses (i) located on slopes equal to or
steeper than three feet horizontal to one foot
vertical (3:1) or (ii) within 20 feet of a wetland,
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pond, lake or stream, need not be maintained in
accordance with this Subd. 1.
Subd. 2 Weeds. Weeds shall be regularly cut or
controlled such that no individual plant shall
exceed at any time ten inches in height or length
as measured from its base at the ground to the tip
of each stalk, stem, blade or leaf. Noxious weeds
as defined by the State Commissioner of
Agriculture shall be eradicated.
Subd. 3 Planned Landscape Areas and
Restoration Areas. Planned landscape areas and
restoration areas shall be cut at least once
between May 1 and August 1 of each year to a
height no greater than ten inches. Provided,
however, that planned landscape areas and
restoration areas (i) located on slopes equal to or
steeper than three feet horizontal to one foot
vertical (3: 1) or (ii) within 20 feet of a wetland,
lake, pond or stream, need not be cut as required
by this Subdivision. No person shall permit
ornamental grasses and groundcovers growing on
the person's property to invade adjoining
properties.
1050.06 Non -Conforming Planned Landscape Areas and Restoration
Areas.
Any planned landscape area or restoration area which lawfully existed prior to
the effective date of this Section may continue to exist and need not comply
with the requirements of Subsection 1050.04, but shall comply with Subsection
1050.05. Any expansion or addition to a non -conforming planned landscaped
area or restoration area shall comply with all provisions of this Section.
1050.07 Exemption.
Parks and natural areas owned by the City and rights -of -way owned by the
County and State shall be exempt from the requirements of this Section.
1050.08 Abatement.
Subd. 1 Nuisance. Any vegetation which does not
meet the requirements of this Section is declared
to be a nuisance.
Subd. 2 Conditions Allowing Inspector to
Enter Property. Entry by the weed inspector or
assistant weed inspector for the purpose of
cutting, removing, destroying or eradicating
vegetation shall be done only after written notice
is served upon the owner, and the occupant if
other than the owner, of the property to be
entered, and failure of the owner or occupant to
cut down, remove, destroy or eradicate vegetation
declared to be a nuisance, within the time, and in
such manner, as the weed inspector or assistant
weed inspector shall designate in the notice. The
notice shall be given in the manner prescribed by
M.S. 18.271, Subd. 2, and shall allow a minimum
of seven days for the property owner or occupant
to comply with requirements of the notice.
Subd. 3 Owner's Responsibility for Costs
Incurred. The costs and expenses incurred by the
City in connection with entering a property
pursuant to Subd. 4 of this Subsection and cutting,
removing, destroying and eradicating vegetation
declared to be a nuisance, shall be paid by the
owner or occupant of the property entered
pursuant to a notice containing the information
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and served as prescribed by M.S. 18.271, Subd. 4.
If the City is not paid the amount stated in the
notice within 30 days or before the following
October 1, whichever is later, such amount shall
become a lien in favor of the City and a penalty of
eight percent shall be added to the amount due as
of that date and the total cost, expenses and
penalties shall be certified to the auditor of
Hennepin County for entry as a tax upon such
property for collection as other real estate taxes
are collected, all pursuant to the provisions of M.S.
18.271, Subd. 4.
History: Ord 1031 codified 1970; amended by Ord 1031-A1 1-3-80, 1031-A2 6-
29-83, 1031-A3 3-28-90; amended by Ord 1993-4 4-5-93
Reference: M.S. 18.171, 18.271
Cross Reference: Section 850
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